Showing : 31-40 of 80 Results

Will -- Suspicious circumstances - Scribe none else, but an Advocate who was representing the defendant in this case before the trial Court - One of the marginal witness was given up in the mid of recording of his statement - Thumb mark of testator instead of close to the text matter/contents of the..........

Will -- Execution - Suspicious circumstances - Two version available as to where document was scribed - No unanimity on time when document was written - Not established in unequivocal terms that contents of Will were read over and explained to the testatrix and it is after understanding the same to be..........

Evidence Act, 1872, Section 114-- Person whose statement recorded in Court alleged to be not of sound disposing mind - Held, it is presumed under law that if the statement is being recorded under the eyes of a Judge, the same holds a valid sanctity and it cannot be challenged on frivolous grounds...........

Will-- Sound disposing mind - Medical certificate showing executant of Will suffering from major depressive order - However, doctor issuing certificate deposed that at the time OPD slip was issued, there was another Psychiatrist in the hospital and that he cannot say for how long executant was suffering..........

Transfer of Property Act, 1882, Section 122, 123-- Gift - Validity of - Defendant-appellant have examined scribe of gift deeds and attesting witnesses - All of them including appellant DW1 have stated that when he executed the document, he was of sound mind and health - Court below discussed minor discrepancies in testimony of witnesses, minor..........

Indian Penal Code, 1860, Section 307-- Attempt to murder - Proof - Doctor has certified that at the time of giving statement, patient was in a sound state of mind - It is stated by PWs.10 and 11 that weapon of assault had fallen at the spot and police had come on next day and seized same whereas prosecution case is that the said..........

Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Meaning of - Held, word substantial as qualifying 'question of law' means of having substance, essential, real, of sound worth, important or considerable - It is to be understood as something in contradistinction with technical, of no substance or..........

Will-- Illness of testator - Merely because testator was suffering from illness or in a state of agony - Not sufficient to hold that he had no sound disposing mind at the time of execution of Will...........

Will-- Suspicious circumstances - Following are the suspicious circumstance : (i) Scribe of will could not identify executant - He could not rule out the possibility that in place of executant some other person might have thumb marked the will - Scribe further admitted that he did not write the name on..........